...according to her evidence the force of the car drove her against and over the suitcase. We cannot say, as a matter of law, that she was guilty of contributory negligence. Dr. Kunz, defendant in error's attending physician, who performed the two operations on her for hernia,...

...of business and sat down upon the stairs near by in the shade to rest, does not authorize us to say as a matter of law that she was guilty of contributory negligence. Murray v. MoShane, 52 Md. 217- When facts and circumstances, though undisputed, are ambiguous, and...

...circumstances she fell and was injured by reason of the condition of this walk. How then can it be said as a matter of law that she was guilty of contributory negligence? As to the second proposition, that there was no notice express or implied to the defendant of the condition...

...have known it by the exercise of ordinary care." The court held in her case that they could not say, as a matter of law, that she was guilty of contributory negligence. [8] Nor can we say in this case, upon the evidence produced, that the plaintiff, as a matter of law,...

...the time was a matter about which fairminded men might honestly differ, and hence it cannot be said, as a matter of law, that she was guilty of contributory negligence or assumed the risk. [6] It Is next argued that the court erred in instructing the jury. With respect...

...105 Mo. 270, 284, 285, 15 SW Ö83, »86. Also, as stated in this and other cases, before we can hold, as a matter of law, that she was guilty of contributory negligence, the evidence must be such as to permit of no other conclusion than that she was negligent, giving plaintiff...

...A pedestrian having waited until an approaching street car stopped a yard away it could not be said as a matter of law that she was guilty of contributory negligence in advaneing'to cross ahead of it, nor could it be said that the rnotorman, in starting the car so...

...reasonable time to get her child. If she acted with reasonable diligence to do this, then it cannot be said as a matter of law that she was guilty of contributory negligence which would defeat her right to recover. The court gave a number of instructions to the jury, both...

...next question to be considered in the case. From the statement of facts above given it cannot be said, as a matter of law, that she was guilty of contributory negligence. It has frequently been decided by the supreme court of this state, and by other courts, that it is not,...

...rods, she saw no train until she was struck by the locomotive. Notwithstanding her testimony, the court held, as a matter of law, that she was guilty of contributory negligence, on the theory either that she did not look and listen, as the law requires, or that. having looked...